Introduction by Jovan Radonić and Dimitrije Kostić:
For their many, mostly wartime, merits in battles against common enemies, the Serbs in the former Habsburg Monarchy were granted various privileges or favors by the Austrian and Hungarian rulers from the 14th to the end of the 18th century, which eased their position in the country.
The main and fundamental privileges of the Serbian people in the Monarchy are considered to be those five privileges that the Austrian Emperor and Hungarian King Leopold I granted to the Serbs for their wartime merits in the fight against the Turks during and after the Great Migration (1690) to the Hungarian lands in 1690, 1691, and 1695; as well as the confirmations of those Leopoldine privileges to the Serbs by Joseph I, Charles VI (III), and Maria Theresa.
The history of the origin and significance of these privileges and their confirmations has been thoroughly researched and is well known in our and in German-Hungarian historiography:
The main privileges of the Serbian people in the Monarchy are generally considered to be:
1) The invitation manifesto of Leopold I to the Balkan Christians and countries (“Literae invitatoriae) from April 6, 1690: to rise against the Turks with the Austrian army without abandoning their hearths and fields, and in return, he promises them, besides guaranteed freedom and the right of religious confession and the right to elect a duke, also other various privileges.
2) The privilege of Leopold I from August 21, 1690, given to the Serbs after negotiations with Bishop Isaija Đaković, which forms the basis of the Serbian church-national self-government in the Monarchy.
3) The protection diploma of Leopold I from December 11, 1690, issued through the Hungarian Court Chancellery.
4) The privilege of Leopold I from August 20, 1691, which extends the authority of the Serbian Archbishop to secular matters of the Serbian people, in addition to ecclesiastical matters, and
5) The privilege of Leopold I from March 4, 1695, through the Hungarian Court Chancellery, which approved the spiritual organization of the Serbian church, confirmed bishops, and guaranteed rights and privileges granted by earlier privileges.
These Leopoldine privileges, which constituted a solid legal basis for the status and rights of the Serbian people in the former Monarchy and the foundation of their national-church autonomy, were confirmed by later Austrian emperors and Hungarian kings with new privileges or confirmations.
Of these five privileges granted to the Serbs, only three original documents have been preserved to this day: from August 21, 1690, August 20, 1691, and March 4, 1695, while the original documents of the “Invitatorium” from April 6, 1690, and from December 11, 1690, were lost in 1732 during the administration of the Metropolitanate by Bishop Nikola Dimitrijević of Timișoara.
The original document of the “Invitatorium” from April 6, 1690, is lost, but its draft is kept in the Vienna State Archives.
However, even before these Leopoldine privileges, the Serbs in Hungary enjoyed a somewhat privileged position based on various privileges they had already received earlier.
Following the repeated royal privileges in separate legal articles during the 15th and 16th centuries, which exempted Serbs and other Orthodox Christians in Hungarian lands from paying tithes to the Hungarian clergy, and which were all printed in numerous editions of “Sogor’s iuris hungarici,” here we will mention only what are known as the first Serbian privileges, which can be traced in the Viennese state archives, namely, the “Kovin Privileges,” which were granted to the Serbs from Kovin (on the Danube island of Čepel below Pest) by King Sigismund in 1405, 1412, 1428; and which were confirmed by Hungarian kings: Vladislaus Jagiellon on August 29, 1440, King Ladislaus in 1455, King Matthias Corvinus in 1458. Then, the privileges granted to the Serbs of the Varaždin and Karlovac Generalates by the Austrian estates at the assembly in Bruck an der Mur (“Bruoker Libell”) in 1578, which Ferdinand II expanded and confirmed through the Hungarian Court Chancellery on November 15, 1627. Similarly, on October 5, 1630, Ferdinand II issued a special decree (“Statuta Valachorum”), or as Bartenstein says, “a formal national constitution” for their self-governance in municipal, judicial, and penal matters, with their own princes, and a grand judge elected by the people themselves. These Statutes were confirmed by Ferdinand III on August 22, 1642, Leopold I on February 21, 1659, and Charles VI on April 16, 1717.
After the Leopoldine privileges, Maria Theresa, by the privilege of June 28, 1751, created the Great Bečkerek Crown District from fourteen villages of the abolished Tamiš-Tisa Frontier. Following the model of that District, by the privilege of November 12, 1774, the Empress established the Great Kikinda District, which, even after the incorporation of the Banat into Hungary (1779), retained its autonomous administration and judiciary.
The main reason for this was to somewhat quell the dissatisfaction among the Serbs due to the legal Article XLVI of the Pressburg Diet of 1741 — that only members of the Roman Catholic faith could own land properties in the territories of Croatia and Slavonia; and due to the legal Article XVIII: 1741, that the Tisa and Mureș Frontier were to be disbanded, incorporated into Hungary, and subjected to county jurisdiction, Maria Theresa confirmed Leopold’s privileges on April 24, 1743, through the Imperial Court Chancellery, on May 18 of that year through the Hungarian Court Chancellery, and proclaimed them on July 4 of that year through the Court War Council to the military authorities, following a written petition by Patriarch Arsenije IV Jovanović Šakabenta and an oral request by the Serbian delegation (which consisted of: Pavle Nenadović, the Bishop of Upper Karlovci and Patriarchal General Vicar, Jovan Georgijević, Patriarchal Archdeacon, Arsenije Vuić, Lieutenant Colonel of the Tisa Frontier, and Andrija Andrejević, Postmaster in Petrovaradin and Administrator of the Ufel Spahi District).
By the decision of the Empress, through the Hungarian Regency Council, it was ordered to all the counties of the Kingdom of Hungary to publish the Empress’s confirmation of Serbian privileges.
At the national assembly in Karlovci, in the session of March 6, 1744, the confirmation of all Leopold’s privileges and their confirmations by Maria Theresa from May 18, 1743, was solemnly and verbally proclaimed by the imperial commissioners Graf Patačić and Field Marshal Lieutenant Englshofen, and in the meantime, it had already been printed.
Since after the solemn verbal announcement of the Theresian confirmation of privileges at the assembly in 1744 by the imperial commissioners Patačić and Englshofen, there arose a need among the people for a printed edition of the privileges in the vernacular, the “Illyric-Rassian common engraver” and copperplate engraver Hristifor Žefarović decided, in a publishing partnership with the patriarchal scribe Pavle Nenadović, to engrave and print the privileges in a Slavonic-Serbian translation, which would be done by Nenadović.
Thus, Žefarović’s copperplate edition of Serbian privileges was produced in Vienna in 1745, with the blessing of Patriarch Arsenije IV. Nenadović translated the privileges from the original Latin text, which the imperial commissioners Patačić and Englshofen had brought from Vienna and read and confirmed with their signatures at the assembly session on March 5, 1744, into the “mother Slavonic-Serbian language,” which was actually more Russo-Slavic.
Invitatorium
We, LEOPOLD, by the grace of God elected Roman Emperor, always exalted, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Bosnia, Serbia, Bulgaria, Archduke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Luxembourg, Upper and Lower Silesia, Württemberg and Teck, prince of Swabia, markgrave of the Holy Roman Empire, Burgau, Moravia, Upper and Lower Lusatia, graf Habsburg, Tyrol, Hainault, Kyburg and Gorizia, landgrave of Alsace, lord of the margraviate of the Wends, ports of Pordenone and Solin.
TO ALL THE PEOPLES AND LANDS THAT DEPEND ON our hereditary Kingdom of Hungary, and to all others who will read or listen to this, and especially to the Albanian people, our imperial and royal grace and good wishes.
Let it be known to you that the Turkish war, into which We were unjustly provoked by the breach of treaties, is waged by Us, by Our Imperial and Royal office, trusting in God’s protection and in the righteousness of Our cause, solely for the purpose of rescuing the peoples who are lawfully subject to Us and who legally depend on Our aforementioned Kingdom of Hungary, and all other Christians, from the dreadful Turkish slavery, and to restore them to their former freedom, former privileges, and former union with the body they depend on, by abolishing every misuse, by repairing the damage inflicted by Turkish tyranny, and by restoring to everyone their rights. — Therefore, We kindly admonish all peoples dwelling in all Albania, Serbia, Moesia, Bulgaria, Silistria, Illyria, Macedonia, Rascia, and other lands that depend on Our aforementioned Kingdom of Hungary, and all other peoples groaning under the Turkish yoke, to correspond to Our pious and paternal wish, in this so favorable opportunity, when the Turkish forces have been crushed in so many battles by Our victorious arms, to join Our side for their salvation and liberation and the Christian faith, to rise against the Turks in arms, to join Our army as convenience and necessity dictate, on the command of Our dukes and generals, who will soon appear on the battlefield with a sufficient and numerous army, to provide it with food and whatever else is necessary for its sustenance, and to be ready at every opportunity to assist against the common enemy, (and the said Our dukes will provide them with every protection against attacks from the Turks, and will maintain everywhere, as We have strictly commanded, strict military discipline), — and to voluntarily return to Uur lawful dominion, if they wish to experience Our mercy and favor. — We promise to all the aforementioned peoples and lands, which are legally subject to Us as the King of Hungary and which will lawfully submit, retaining especially the freedom, privileges, and rights of their faith and the choice of their duke, that you will be exempt from every public burden and tax, except for the old and customary rights of kings and lords existing before every Turkish incursion, and abolishing in these every misuse introduced by Turkish rule, except in case of military necessity, where you will, for your own salvation and defense, voluntarily contribute as necessary, so that our armies can be maintained, the land defended, and the burdens of war borne. And when the Turkish yoke is thrown off, We will bring everything into a permanent form and proper order for the future according to your wishes and satisfaction, and restore to everyone their right and freedom of religion, privileges, and freedom from burdens, giving to all and each individually justice, and to all we will give the most ample testimonies of mercy, favor, kindness, and Our paternal protection. Furthermore, We promise, grant, and concede to all and each the free possession of goods, whether movable or immovable, which they will take from the Turks on their borders.
Therefore, for the love of God, restore your confession of faith, salvation, freedom, and your security, without fear come to Our side, do not abandon your homes and field work, call your companions to follow in your footsteps, and use this opportunity given by God and by Us, which will never return, for yourselves, for your sons, and finally for the dear fatherland and salvation, offering to you all and each clearly Our imperial and royal mercy.
Given in our city of Vienna, on the 6th day of the month of April, in the year 1690, of Our reign, the 32nd of the Roman, the 35th of the Hungarian, and the 34th of the Bohemian. Leopold (M.M.) T.A. Henr. Graf Stratman. By the sovereign command of His Imperial and Royal Majesty: Stef. Andr. Nobleman of Verdenburg.
(Translation of the Invitatorium from April 6, 1690. by Mr. J. Đorđević, The Work of the Annunciation Council in Sremski Karlovci)
Privileges
We, LEOPOLD, by the grace of God elected Roman Emperor, always exalted, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Bosnia, Serbia, Bulgaria, Archduke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Luxembourg, Upper and Lower Silesia, Württemberg and Teck, prince of Swabia, markgrave of the Holy Roman Empire, Burgau, Moravia, Upper and Lower Lusatia, graf Habsburg, Tyrol, Hainault, Kyburg and Gorizia, landgrave of Alsace, lord of the margraviate of the Wends, ports of Pordenone and Solin.
Honorable, Noble, Beloved! It has been conveyed to Us multiple times how deeply you care about the safety and advancement of the Christian cause; We have understood with pleasure that you have given excellent proof of this, assisting the faithful, late General Piccolomini, during his time there. We attribute this same commitment and progress to your particular loyalty and zeal, and especially to your reverence for God, not doubting that you will diligently strive, given the respect you hold among the local peoples, especially the Albanians and Serbs, to seize this opportune moment given by God to throw off the Turkish yoke, under which they have so far lamentably groaned, and by joining Our forces in every way possible, help to humiliate and extinguish the barbaric Ottoman tyranny. Indeed, this act will be very pleasing to God, and worthy of Our Imperial and Royal grace, which grace, as We kindly offer to you, so We will not fail, given the opportunity and living proofs, to testify.
Given in Our city of Vienna, on the 6th day of the month of April, in the year 1690, of Our reign, the 32nd of Roman, the 35th of Hungarian, and the 34th of Bohemian. Leopold (M.P.) T.A. Henr. Graf Strattman. By the sovereign command of His Imperial Majesty: Stef. Andr. nobleman of Verdenburg.
We, LEOPOLD, by the grace of God elected Roman Emperor, always exalted, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Bosnia, Serbia, Bulgaria, Archduke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Luxembourg, Upper and Lower Silesia, Württemberg and Teck, prince of Swabia, markgrave of the Holy Roman Empire, Burgau, Moravia, Upper and Lower Lusatia, graf Habsburg, Tyrol, Hainault, Kyburg and Gorizia, landgrave of Alsace, lord of the margraviate of the Wends, ports of Pordenone and Solin.
To the Honorable, Solemn, and Beloved Arsenije Čarnojević, Archbishop of the Serbs of the Eastern Church of the Greek Rite, to the bishops, and to all other ecclesiastical and secular estates, captains, lieutenants, and finally to the entire community of the same Greek rite and Serbian people, in Greece, Bulgaria, Russia, Herzegovina, Dalmatia, the Podgorje, Ineu, and other allied places, and to all others who will read, see, or hear this, Our Imperial and Royal grace and every good wish.
Not only from the humble letter which was submitted to Us in the name of you all the envoy to Us, Bishop of Ineu Isaija Đaković, but even more clearly from his oral presentation, did We most graciously receive your humble gratitude for having rescued you from the jaws of barbaric Turkish tyranny and restored you to your former freedom, as well as your eternal obligation, by which you confess that you and your descendants are bound to Us for such great good deed done, truthfully by your duty, but to Our even greater satisfaction because by recognising Our right, and by entrusting yourselves into the bosom of Our mercy and benevolence, as your lord and lawful king, declaring with commendable strength of spirit, you state that from now on it behooves you to live and die under the shadow of Our protection. Considering not so much this testimony and declaration of yours, which is too dear to Us, We benevolently accept all of you together and individually under Our Imperial and Royal protection, as much as to thereby firmly establish this intention in your spirits, to continuously instill it in your sons, and in all cases to strengthen it with ever greater and greater real proofs. We therefore paternally call upon you to rise up in arms under Our protection and under the command of Our dukes against the fiercest enemy of the Christian name and your persecutor, to repel injustices, troubles, and miseries that have been most unjustly and mercilessly inflicted upon you until now. And so that you may mutually feel the kindness and pleasure of Our rule and dominion already at the threshold, by approving your requests with the innate gentleness to Us, We have graciously decided: That according to the custom of the Serbs of the Eastern Church of the Greek Rite and by the statute of the old calendar, you may freely exist, and that no ecclesiastical or secular estates may cause you any trouble, as before and in the future; and let it be free for you to appoint an archbishop from among yourselves, with your own authority, from the Serbian people and language, whom the ecclesiastical and secular estates will elect among themselves. And this archbishop shall have the free authority to manage all Eastern churches of the Greek Rite, to consecrate bishops, to distribute priests in monasteries, to build churches with his own authority where necessary, to appoint Serbian priests in towns and villages: in a word, to be the head over the churches of the Greek Rite and over the community of the same faith, and to have the authority to manage them, with his own ecclesiastical authority, according to the privileges granted to you by Our predecessors, the former blessed memory kings of Hungary, throughout Greece, Rascia, Bulgaria, Dalmatia, Bosnia, Ineu, and Herzegovina, as well as in Hungary and Croatia, where they actually exist, and as long as all together and individually remain faithful and loyal to Us. Furthermore, to the ecclesiastical estates, such as the archbishop and bishops, monks, and priests of every order of the Greek Rite in monasteries and churches, let there remain the authority to manage, so that no one can commit any violence in the aforementioned monasteries, churches, and your residences; but to be exempt from the tithe, taxes, and quarters as before, nor shall anyone among the laypeople, except Us, have authority over the ecclesiastical estate, to imprison or capture, but the archbishop may punish such dependent ecclesiastical people, if they hide anything, according to ecclesiastical or canonical law. We further add and confirm that the churches of the Greek Rite, monasteries, and what belongs to them, as well as the goods that belong to the archbishop and bishops, whatever they may be, as they were granted by Our predecessors, can be possessed; and those churches that the enemy of the Christian name, the Turk, took from you, when they are conquered, We will command to be handed over to you. Finally, when the archbishop, or your bishops, when necessity demands, visit monasteries and churches in towns or villages, or instruct parishes and the community, We will not tolerate anyone, whether ecclesiastical or secular, causing them any troubles.
We firmly promise to ourselves that you will deserve this Our most generous and most merciful concession with all effort and strength, and keep your loyalty and devotion constantly unblemished, and that no storm will destroy it; in the end, to all of you and each individually, We confirm Our most merciful Imperial and Royal Grace.
Given in Our city of Vienna, on the 21st of August in the year 1690, of Our reign, the 33rd of Roman, the 36th of Hungarian, and the 34th of Bohemian. Leopold. (M.P.) T.A. Henr. Count Strattman. By the own command of His Imperial and Royal Majesty: Andr. nobleman of Verdenburg.
We, LEOPOLD, by the grace of God elected Roman Emperor, always exalted, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Bosnia, Serbia, Bulgaria, Archduke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Luxembourg, Upper and Lower Silesia, Württemberg and Teck, prince of Swabia, markgrave of the Holy Roman Empire, Burgau, Moravia, Upper and Lower Lusatia, graf Habsburg, Tyrol, Hainault, Kyburg and Gorizia, landgrave of Alsace, lord of the margraviate of the Wends, ports of Pordenone and Solin.
To all Our loyal, both collectively and individually, lords prelates, barons, and magnates, namely to the future Archbishop of the Esztergom, Kalocsa, and Bačka churches of Our Kingdom of Hungary, to the Prince Palatine; as well as to the grafs, the judge of Our Royal Court, and to the supreme general of the mentioned reaches of Our aforementioned Kingdom of Hungary, and to the Ban of Our Kingdoms of Dalmatia, Croatia, and Slavonia, etc. To Our secret advisors; further to the deputy of Our personal presence in courts and to Our advisor, as well as to the administrators of Our Hungarian Chambers and the prefect of Szepes, administrators, and other advisors; besides to the county heads and deputy heads, noble judges, and jurors of any county of Our aforementioned Kingdoms of Hungary, Dalmatia, Croatia, and Slavonia; moreover, to all commanders and deputy commanders of Our towns; and to other military officers, both cavalry and infantry, present and future, who may be sought with this letter; greetings and Our grace.
It has been most humbly represented to Our Majesty by Arsenije Čarnojević, Archbishop of the Serbs of the Greek rite, that he, not many years ago, that is, since the onset of the current war, which still rages against the sworn enemy of the Christian name — inspired by the success of Our victorious arms and by the clear example of God’s blessing, which has strengthened Our forces, and driven — together with the Serbian (Rascian) peoples, who had long groaned under barbaric slavery, undertook to shake off the yoke of Ottoman tyranny, and for this purpose declared, not only that they and their descendants are subjected to Our rightful King’s law, mercy, and benevolence, but also that, — having left their homes in Turkey, and forsaking their possessions and serfs, expelled from their homeland and relocated to the territories of Our Kingdom of Hungary, they are continuously ready to live and die under the shadow of Our protection, to further avenge the ferocity of their most dreadful enemy and defeat it, — has by this particularly virtuous and noble deed, received gracious releases and diplomas from our Majesty, especially issued in the years.. 1690 and 91, and the freedoms and privileges contained therein. According to these letters, it was promised not only that the old respect for the same archbishop and the rite of the Serbian people would be maintained inviolate, but also that they would be granted complete freedom of spiritual administration, and moreover, in secular matters, exemption from all burdens and taxes, namely from the tithe. Besides all this, there are some of Our faithful subjects of both estates who, disregarding our gracious will and permission, dare to disturb the aforementioned archbishop and the Serbian people in the ancient practice of their rite, or to stand in their way in spiritual administration, or; finally, to compel them to give the tithe, which does not belong to them, which occurs without their grievous loss and damage, and with the evident danger in Our service. The mentioned Serbian archbishop most humbly pleads in a proper petition to Our Majesty that we, for the better encouragement of their service, would graciously maintain their former rights, the dignity of the archbishop and his respect (authority), to be able to appoint bishops of his rite, confirm, further allow bishops free administration of their pastoral calling without any hindrance, and finally, to once again permit the entire people free everywhere confession of their rite and customary exemption from the tithe, and in this regard, graciously take them into Our royal protection and defense.
Whose humble petition, when most humbly presented to Us, and having in Our mercy taken into consideration the faithful services of the Serbian people against the common enemy of Christianity, nobly offered and with abundant noble blood attested, and their steadfast loyalty and future merciful promises to Us (until Our further merciful disposition and command, which We shall issue according to the circumstances of the time), We have mercifully concluded that the aforementioned archbishop’s ancient dignity, and the authority to appoint bishops of his rite (as by right and by the custom of his rite belongs to him), it to remain inviolate, and the bishops he has appointed, namely the venerable: Isaija Đaković, of Timișoara, Ine, and archimandrite of the Krušedol Monastery; Stefan Metohijac, of Upper Karlovac and Zrinopolje; Jeftimije Drobnjak, of Szeged; Jeftimije Popović, of Buda and Stoni Beograd;1 Jeftimije Tetovac, of Mohács and Sziget; Spiridon Štibica, of Vršac; and Jefrem Banjanin, of Veliki Varadin2 and Jegra3 (i.e., whom We find by the power of this letter can be accepted and endured), in the specified districts. — in which, that is, according to the will of Our courtly military council, settled and accommodated a sufficient number of families of the Rascian or Serbian people, who, as mentioned, have been received into our loyalty from the yoke of Turkish servitude, — may perform their spiritual callings without hindrance, correct the guilty and punish for crimes, receive the chairs and church revenues which by rite and ancient custom belong to them, and perform their duty (but without any harm to our prelates and the Roman Catholic Church); finally, and all the people who reside in Our cities, towns, borders, and regions, i.e., in places that have been allocated to them through the commission of Our aforementioned courtly military council, may freely practice their rites and faith without any fear, danger, and harm to body or property, and may enjoy the previous and even in ancient times, according to the third article of the fifth decree of King Matthias, and the last article of the second decree of King Vladislaus, the freedom from tithe granted to them, which tithe the people themselves shall collect and use for the maintenance and income of their bishops of their rite, and no contrary obstacles shall be made by our prelates and chamber officials.
Therefore, for them to more securely enjoy the aforementioned freedoms and exemptions, and to better prosper from the blessings granted by Us, and thereby to strengthen in their hatred and irritation against the Ottoman tyranny, and to be able to maintain their loyalty and commendable will of service to Us nobly and steadfastly, We found it necessary to receive them all together, i.e., the archbishop, bishops, and Serbian peoples, recently liberated from Turkish slavery, with all their family and goods, and with all their belongings and all their possessions into Our royal defense and special protection and patronage, moreover, to entrust them to your protection, defense, and special patronage.
Therefore, to your loyalties, to whom above, all together and each individually by this letter We firmly command, kindly recommend and order, that whenever and as many times as you may be entreated by the aforementioned archbishop and his subordinate bishops, about what is mentioned above, all together and individually, to protect, patronize, and defend them against all unlawfulness and violent attackers, disturbers, and harmers, while matters stand as stated above, to preserve in the permissions and concessions given by Us, giving in this regard our royal importance, as justice and right demand; to not act otherwise.When this is read, it is to be returned to the presenter.
Given in our city of Vienna in Austria, on the 4th day of the month of March, in the year 1695, of our reign, the 37th of the Roman, the 40th of the Hungarian and others, and the 39th of the Bohemian. Leopold. (M.P.) Blaise Žaklin, Bishop of Nitra. Pavle Mednjanski.
